Criminal Code Regulations 2019

For the purposes of sections 17 and 18, the conditions are that:

the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and

the importer is covered by subsection (2); and

before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:

the identity and amount of the substance being imported; and

the purpose of the importation; and

a 30‑day period during which the importation is likely to occur; and

the importer’s name and import licence number; and

if paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph—the name of the importer’s employer; and

any other information required by the Health Secretary.

For the purposes of paragraph (1)(b), the importer is covered by this subsection if:

the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or

the importer is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or

the importer is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or

the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or

the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or

all of the following apply:

the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);

the person or body holds a licence of a kind mentioned in paragraph (1)(a);

the importer is importing the substance at the written request of the person or body.

For the purposes of paragraph (1)(c), the Health Secretary may determine:

information to be included in a notice; and

the way a notice may be given to the Health Secretary or an authorised person.